Nute v. Fry

* NOTE: Opinion filed at May Term, 1937, June 21, 1937; motion for rehearing filed; motion overruled August 26, 1937; motion to transfer to Court en Banc filed; motion overruled at September Term, December 17, 1937. This suit was brought to set aside the last will and testament of George H. Nute, deceased. A jury trial resulted in a verdict for contestant. An appeal was taken from the judgment entered setting aside the will.

The case was submitted to the jury upon both charges of the petition, which alleged mental incapacity on the part of the testator and undue influence in the execution of…